St. Paul daily globe., 1887-03-16
A Mass Meeting Which Hears Lively
Speeches and Adopts scorching
Resolutions.
The Judges of the Municipal Court Unan-
imously Called Upon to Vacate
the Bench.
1ne Appointment of Lieut.. Hicks
denounced as n Partisan Vio-
lation of>Authority.
New Partisan y nominations Repudf-
ated--A Complete Ticket to BE
Put in the Field.

club rooms. The spacious quarters were
crowded with prominent members of the
party and many were unable to gain ad-
mission. Hon. A. S. Ankeny was chosen
TO preside and c. A. Cornman was elected
secretary. The meeting was prolonged and
red hot. and the Democracy of Minneapolis
Is terribly in earnest. The municipal court
matter was first taken up and several
speeches listened to, all of them denouncng
the court and the judges in the severest
terms. 1t was the sense OF the meeting
that Judges Bailey and Mahoney were
chosen by the people to occupy that bench
Tor specific term and that occupation be-
yond that term was
PUREST USURPATIoN,
and the law prolongng their terms uniust
and unconstitutional. Opinions in writing
were submitted by several attorneys. show
lng the unconStitutionaity of the law.
among them being those by A. s. Ankeny
and y. ID. Smith. That of the latter was a
long document, and was pronounced by
competent attorneys to be an able and eX-
hauStlve document. He showed that in
the year 1888 the TWO present judges were
duly elected for four years. In 1885 the
legislature amended the law to read: The
qualified electors of the city of Min
election to be held on the
1irst Tuesday in April, 1883, and on the day
of the general election every sixth year
thereafter, elect suitable person." etc.. by
virtue of which the present incumbents
presume to hold their Office until 1899 l.
Is the law constitutional extending their
Term Of Office? ,. VIII Judges elected the
coming spring be allowed TO take their seats
and act as duly elected judges? The con-
stitution, section 8, article VI, says: '.All
Judges other than those provided for in the
constitution shall be elected by the electors
OF the judicial district. county or city for
which they shall be created not for longer
term than seven years." No provision is
made for the choosing of judges or those
by election by the people or appointment
by the governor in case of vacancy. Local
se!f-gOvernment is rjgidly preserved and no
authority is given the legislature to elect
judges. If the legislature, under pretense
OF liking the terms of officers, can success
fully enact such legislation. one of the
greatest bulWarkS of our constitutional right
OF choosing officers is overthrown. Argu-
ment Is unnecessary against such Infamous
legislation. The paper thus proceeds to
review an argument by Daniel Webster to
show the judiciary should always be inde-
pendent of the legislature, and continues:
The act III question is null and void as ap-
piled to the present incumbentS because
IT Is RETROSPECTIVE,
which is supported by Judge Cooley in his
great work on constitutional limitations,
from which liberal extracts are made The
case of the People vs. Bull, 46 n. Y, 81.
was cited as authority at great length, with
opinions from the supreme court of ap-
peals, to which it was finally carried. On
the authority of this long list of decisions
the opinion concludes: Il hold it as law;
first, that the act in question. extending
the time OF the election is unconstitutional
and void; second, that persons duly elected
judges of the municipal court in the spring
will be legal judges; third, that cunceding
for the sake of the argument that the act is
constitutional, it is to be construed pro-
speetively and not retrospectively, and that
the two judges cannot hold their Offices
after the first Tuesday in April.
CALLED ON TO RESIGN.
These opinions were discussed at length,
and a resolution was adopted calling upon
Judges Bailey and Mahoney to resign their
offices at the expiration of the time for
which the people elected them. Mayor
Ames declared that he held any office
holder unworthy the name of a man who
would creep behind legislative act to cling
to an Office to which the people had not
called him. The resolution was then recon-
sidered, and by unanimous vote it was re-
solved that the judges of the municipal
court the mayor and the city treasurer be
requested to resign at the end of the terms
for which they were chosen. The follow
ing formal resolution was then adopted:
Resolved, That it is the sense of this meet
ing that in all official positions in Mime
apolis where the legislature has ATTEMPTED
10 extend the term of Office of any incum-
bent. the same is unconstitutional and void:
and that justice and due regard for law re-
quire that the Democratic convention at the
proper time take measures to place in nomi-
nation candidates for offices as the terms of
which hereafter are to expire.
DENOUNCING THE RECENT APPOINTMENT.
j. H. Long offered the following, which.
after brief discussion. was adopted:
Whereas, The Democracy of the Fourth
judicial district for many years have recog-
niZed the doctrine as correct IN theory and
salutaTy in practice that the judiciary should
be kept as far as possible free from partisan
politics: and
Whereas, the Democracy of the state of Min
nesota IN its last convention solemnly adhered
to this doctrine, although to their great detri-
ment; and
Whereas the Democracy of this district mt
the last election again gave evidence of its
devotion thereto by making no nomination
against the present incumbent of the Judi
cinl Office. Judge Rea; and
Whereas on that occasion the members of
the Republican conference expressed their
appreciation of the Democratic action and
agreed when occasion should occur TO unite
with US in asking the selection of Democrat
Tor the next judicial vacancy; and
Whereas. the Bar association of Minneapo-
lis composed of both Republicans and Demo-
Gratis, nobly responded TO this sentiment and
cordially recommended the appointment of
Hon. Seagrave Smith as Il proper person to
hp tod oS ffaf i,11fr
trict; and
Whereas petition of 262 out of 2S7 of the
practicIng lawyers III Hennepin county fur
ther petitioned Gov. McGill to make the ap-
pointment of Judge Smith; and
Whereas, in utter contempt of all the fore
going honorable action on the part of Demo-
Gratis and Republicans as well; and of the
wishes of the Bar Association Of Minneapo-
lis and its individual members, the governor
has now appointed Col. H. G. Hicks to the
said position; be it therefore
Resolved by this mass meeting of Demo-
Gratis of Minneapolis, That we hereby con-
demn the action of Gov. McGill in
making said appointment as being par
tisan in its nature, degrading in its
tendency revolutionary in its character and
defiant of the will of the people; we denounce
the act as being fragrant misuse of power
that of using a judicial appointment to pay q
political debt-an act having its nearest par
allel in the Roman days when the empire was
put up at auction and sold 10 the highest
bidder.
We hereby pledge ourselves to cease not in
our efforts until this infamous wrong be
righted.
That copy hereof be transmitted to his
excelency, Gov McGill
WILL NOMINATE A COMPLETE TICKET.
The coming election was discussed and,
among other things, the matter of non par
tisau nominations. By unanimous vote
bat nf